Libraries fear lead-testing law may apply to kid's books

Scott Hilyard

Wednesday

Jan 28, 2009 at 12:01 AMJan 28, 2009 at 12:23 AM

Now it's books. For the second time this month, a tempest has erupted in an unlikely arena over the enactment of a new law intended to protect children from dangerous exposure to lead. This time it's library officials and their concern that the new law will apply unnecessarily to presumably lead-free children's books.

Now it's books.

For the second time this month, a tempest has erupted in an unlikely arena over the enactment of a new law intended to protect children from dangerous exposure to lead.

This time it's library officials and their concern that the new law will apply unnecessarily to presumably lead-free children's books.

"If it came to happen, the law would significantly impinge on our library collections," said Kitty Pope, executive director of Alliance Library Systems, a group that represents 250 public, academic and school libraries in central Illinois. "It would be a huge undertaking if we had to test books for lead content or remove all books for children from our shelves. Huge."

The Consumer Product Safety Improvement Act of 2008 became law Aug. 14 with the signature of President Bush. It required that all children's products be tested for lead. Sounds simple. The bill easily passed the U.S. Senate, 79-13, and the U.S. House, 407-0, on the heels of recalls of Chinese toys sold in the United States that contained high levels of lead.

Only this month, with the law on the brink of enactment on Feb. 10, has the scope of its reach raised concerns among certain special interest groups. Earlier this month, owners of second-hand clothing stores were relieved by a CPSC "clarification" that dropped the requirement to test used children's clothes for lead (though store owners remain liable for selling clothes with illegally high levels of lead).

Now the American Library Association is awaiting a similar clarification from the CPSC exempting children's books - new, used and those available in school and public libraries - from the lead testing requirement. So far, with the enactment date two weeks away, library officials have heard nothing.

"It is apparent that the CPSC does not fully understand the ramifications this law will have for libraries - and for children - if libraries are not granted an exemption. At this point, we are advising libraries not to take drastic action, such as removing or destroying books, as we continue to hope this matter will be rectified and that the attention will be paid to the products that pose a true threat to children," said Jim Rettig, the president of the library association, in a prepared statement. "However, we find it disappointing and shameful that a government agency would continue to leave this matter unsettled when clearly the outcome would virtually shut down our nation's school and public libraries."

CPSC officials could not be reached Tuesday, but the agency Web site's Frequently Asked Questions section asks the question, "Does the new requirement for total lead on children's products apply to children's books?"

And then answers it:

"In general, yes. (The law) defines children's products as those products intended primarily for use by children 12 and under. Accordingly, these products would be subject to the lead limit."

Ed Szynaka, the director of the Peoria Public Library, said he only learned of the lead issue in recent days. He trusted it would be worked out on the national level before books were removed from shelves and children were banned from libraries.

"I have trouble believing it would ever get that far," he said.

For library officials, though, the frustration has been in the wait for answers as the deadline approaches.

"Books are safe, and the government shouldn't be wasting its precious resources scaring parents away from encouraging their children to read," Emily Sheketoff, executive director of the American Library Association's Washington, D.C., office, said in a prepared statement."The CPSC should focus on toys and let libraries get on with the important work of teaching children to love reading."

Scott Hilyard can be reached at (309) 686-3244 or at shilyard@pjstar.com.

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